Amnesty. Pardon. Criminal record, Amnesty - Commentary...

Amnesty. Pardon. Previous conviction


1. Amnesty is declared by the State Duma of the Federal Assembly of the United States in respect of an individually not defined circle of persons.

2. The amnesty act allows persons who commit crimes to be released from criminal liability. Persons convicted of committing crimes may be released from punishment, or the punishment imposed by them may be reduced or replaced by a milder form of punishment, or such persons may be exempted from an additional form of punishment. From the persons who have served a sentence, the criminal record can be removed from the amnesty act.

1. Amnesty (amnestia) - in translation from Greek means oblivion, forgiveness and is a legal form of state forgiveness of the perpetrators of crimes. Amnesty is in the exclusive jurisdiction of the United States (clause of Article 71 of the Constitution) and is declared by the State Duma of the Federal Assembly of the United States (clause of Article 103 of the Constitution) by adopting an order to declare an amnesty and a decree on the application of the resolution about announcing an amnesty. Amnesty is applied at various stages of criminal proceedings and provides for various types of mitigation of the situation of the perpetrators of crimes: exemption from criminal responsibility, release from punishment, reduction of the unserved part of punishment, removal of criminal record, etc.

2. The Institute of Amnesty is interdisciplinary and includes the norms of constitutional, criminal, criminal procedure and criminal-executive law. Amnesty is announced in relation to an individually indeterminate circle of persons, the amnesty act is designed for repeated use. The decision on the application of amnesty is taken by the relevant body in respect of each person individually. These law enforcement acts (resolutions, rulings), other than court decisions, are approved by the prosecutor. All this allows us to speak about the normative nature of the amnesty act. In the Decision of the Constitutional Court of the United States of 05.07.2001 No. 11-P "On the case on the verification of the constitutionality of the Resolution of the State Duma of June 28, 2000 No. 492-SH DG" On Amendments to the Resolution of the State Duma of the Federal Assembly of the United States " with the 55th anniversary of the Victory in the Great Patriotic War 1941 - 1945 "" in connection with the request of the Sovetskiy District Court of the city of Chelyabinsk and the complaints of a number of citizens " on this occasion it is said that the decision to declare an amnesty is a unique normative legal act. The adoption of decisions on amnesty by the State Duma is stipulated in the Constitution itself, which distinguishes these decisions from other normative acts, including the majority of laws, and, thus, they have a special constitutional nature. But this normative act also has its own peculiarities. The decision to declare an amnesty does not cancel or change the rules of criminal law, does not eliminate the crime and punishability of the act. Also, the amnesty act does not call into question the legality, validity and fairness of the court's verdict.

3. In the preamble of the decree on declaring an amnesty, the principle of humanism is usually indicated as the justification for declaring an amnesty. The decision to declare an amnesty indicates the persons who are subject to the amnesty act, the conditions for its application, as well as the persons on whom the amnesty does not apply. The resolution on the procedure for the application of the amnesty indicates the bodies responsible for the execution of the amnesty act, the provisions and terms used in the amnesty decree are explained.

4. The resolution on announcing the amnesty specifies the period for the execution of the amnesty (usually six months). However, this does not mean that after the specified period the act of amnesty ends, since the amnesty is an act of perpetuity and all persons who committed crimes before the amnesty act come into effect, irrespective of the time of bringing the person to criminal responsibility. In judicial practice, there are situations when the acts of the perpetrator fall under the influence of several acts of amnesty. In the presence of competing orders, the provisions of that act of amnesty must be applied, the moment of entry into force of which is closest to the moment of commission of the crime and whose instructions are most favorable for the convicted person or another person to whom the amnesty act applies. In such cases, it is necessary to be guided by the criminal-legal principle of justice, and not by the provisions of art. 10 of the Criminal Code.

5. The act of amnesty from convicts can be removed conviction. According to the Decree of the Presidium of the Supreme Soviet of the USSR on amnesty dated 27.03.1953, the conviction was dropped from all persons previously convicted and served their sentence, as well as those who were released early. In recent years, the removal of criminal record from persons released from punishment was provided only in the resolution of the State Duma of the Federal Assembly of the USA of 20.04.2005 No. 1761-IV GD "On the Announcement of the Amnesty in Connection with the 60th Anniversary of Victory in the Great Patriotic War of 1941-1945" ;

6. Amnesty is an imperative (compulsory) type of exemption from criminal responsibility and punishment, since it does not depend on the discretion of the executing body and the will of the person to be amnestied, which seems entirely justified, since only then the will of the legislator is implemented without any restrictions.

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